New Jersey Jury Instruction - 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge - Failure To Promote General Instruction

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• Control #: US-11CF-1-3-1
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

One of the New Jersey Jury Instructions is 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction. This instruction is important when dealing with cases of race discrimination in the workplace, specifically in cases related to discharge or failure to promote. Race discrimination in employment is a violation of the Civil Rights Act, specifically Section 1981 of Title 42 of the United States Code (42 USC Sect.1981), which prohibits discrimination based on race or color. This particular jury instruction focuses on cases involving discharge or failure to promote as a result of race discrimination. When presenting this general instruction to the jury, it is crucial to provide a detailed description of the elements that need to be proven in order to establish a claim of race discrimination in employment discharge or failure to promote. The instruction may cover the following key aspects: 1. Burden of Proof: Explain to the jury that the burden of proof lies with the plaintiff or the party alleging race discrimination. They must establish the elements of the claim by a preponderance of the evidence, meaning that the evidence presented must be more convincing than the opposing party's evidence. 2. Elements of Race Discrimination: Describe the elements that need to be proven to establish race discrimination. These may include demonstrating that the plaintiff is a member of a protected racial group, that they were qualified and performing their job at a level meeting the employer's legitimate expectations, that an adverse employment action (such as discharge or failure to promote) took place, and that race was a motivating factor in the employer's decision. 3. Direct vs. Indirect Evidence: Clarify to the jury that race discrimination can be proven through direct evidence, such as explicit discriminatory statements or actions, or through indirect evidence, such as circumstantial evidence showing a pattern or practice of discrimination. Indirect evidence may involve demonstrating that the employer's reasons for the adverse employment action were pretextual or not credible. 4. Causal Connection: Emphasize the requirement for the jury to find a causal connection between race and the adverse employment action. It needs to be established that race was a motivating factor in the employer's decision, even if other factors were also considered. Different types of New Jersey Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction may be categorized based on specific circumstances or elements of the case. These variations could address specific industries, organizational structures, titles, or types of employment discrimination related to race. In conclusion, New Jersey Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction is a vital tool in cases where race discrimination in employment discharge or failure to promote is alleged. By providing a comprehensive description of the elements and requirements to the jury, it ensures a fair and informed evaluation of the evidence presented during the trial.